Section 29A-2-102 - Share of the spouse The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if: (i) No descendant of the decedent survives the decedent; or(ii) All of the decedent's surviving descendants are also descendants of the surviving spouse;(2) The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. SL 1995, ch 167, § 2-102.